Chapter 6.06
CONDITIONS APPLICABLE TO ALL USERS
Sections:
6.06.010 Federal, state and local requirements.
6.06.030 Need to halt or reduce activity not a defense.
6.06.050 Duty to provide information.
6.06.090 Modifications of permits.
6.06.110 Termination of permit.
6.06.120 Proper operation and maintenance.
6.06.130 Notification of changed discharge.
6.06.010 Federal, state and local requirements.
A user shall comply with all applicable state and federal laws, including but not limited to the Act, pretreatment standards contained in 40 CFR 403 through 471 and all amendments thereto, or any applicable more stringent state regulations or standards contained in California Water Code Section 13000 et seq. and all amendments thereto, and all local regulations and standards, including but not limited to those contained in the permit issued pursuant to this division (“permit”) and the requirements for users of the POTW. (Ord. 387 § 3.1, 2017)
6.06.020 Duty to comply.
The user shall comply with all conditions of the permit. Any permit noncompliance constitutes a violation of this division and is grounds for enforcement action as provided for in Chapter 6.22 WMWDC. The user shall comply with effluent standards or prohibitions established under Section 307(a) of the Clean Water Act for toxic pollutants within the time provided in the regulations that establish these standards or prohibitions, even if the permit and/or ordinance has not yet been modified to incorporate such revised requirements. (Ord. 387 § 3.2, 2017)
6.06.030 Need to halt or reduce activity not a defense.
A user is required to comply with the conditions of the permit regardless of whether said compliance may require halting or reducing the permitted activity. The need to avoid halting or reducing permitted activity shall not constitute justification for engaging in prohibited activity nor serve as a defense for a user in an enforcement action. (Ord. 387 § 3.3, 2017)
6.06.040 Permit actions.
The permit is subject to modification, suspension, or revocation as determined in Western’s discretion pursuant to the requirements set forth in this division, the requirements for users of the POTW, and any applicable state and federal laws including, but not limited to, the Act. All permit conditions shall remain in effect unless or until any request from the user for a permit modification, reissuance or notification of planned changes or anticipated noncompliance is granted or denied. (Ord. 387 § 3.4, 2017)
6.06.050 Duty to provide information.
The user shall furnish to the general manager, within a reasonable time, any documents or records maintained by the user which the general manager may request to determine whether cause exists for modifying, revoking, reissuing, or to determine compliance with the permit. The user shall also furnish to the general manager, upon request, copies of records required to be kept by the permit. (Ord. 387 § 3.5, 2017)
6.06.060 Contingency plan.
As part of permit compliance, all users shall be required to produce and submit to Western a contingency plan. The contingency plan shall detail the users plan for shut down of discharge of wastewater to the POTW in the event of an emergency or a temporary scheduled shutdown of the collection system. The contingency plan shall be updated regularly, as stipulated in the user’s permit. (Ord. 387 § 3.6, 2017)
6.06.070 Sample analysis.
All samples, sample preservation and handling, measurements, tests, and analyses under this division or a permit, required to determine the characteristics of wastes discharged to the collection system shall be made in accordance with the test procedures described in 40 CFR 136 of the EPA regulations. Any alternate test procedures which may be requested by the user shall be subject to approval by the general manager or any other applicable entity or individual. (Ord. 387 § 3.7, 2017)
6.06.080 Reopener clause.
The permit shall be modified to incorporate an applicable standard or limitation which is promulgated or approved after the permit is issued if that standard or limitation is more stringent than the limitation in the permit, or controls a pollutant not already limited in the permit. (Ord. 387 § 3.8, 2017)
6.06.090 Modifications of permits.
The permit may be modified to require corrections or allow for changes in the permitted activity. The general manager may upon prior notice to the user, change or modify the restrictions or conditions of a permit from time to time to effectuate the purposes of this division. Alternatively, the general manager may require the user to apply for a new or revised industrial wastewater discharge permit. (Ord. 387 § 3.9, 2017)
6.06.100 Removed substances.
Regulated wastes or other pollutants removed in the course of pretreatment or control of wastewaters shall be properly disposed of in a manner such as to prevent any pollutant from such materials from entering the collection system. (Ord. 387 § 3.10, 2017)
6.06.110 Termination of permit.
The permit may be voidable upon non-use, cessation of operations, transfer of business ownership, or the issuance of a new permit for the same sewer connection. (Ord. 387 § 3.11, 2017)
6.06.120 Proper operation and maintenance.
The user shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the user to achieve compliance with the conditions of the permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the operation of back-up or auxiliary facilities or similar systems, which are installed by a user when the operation is necessary to achieve compliance with the conditions of the permit. (Ord. 387 § 3.12, 2017)
6.06.130 Notification of changed discharge.
All users shall promptly notify Western in advance of any substantial change in the volume or character of pollutants in their discharge, including listed or characteristic hazardous wastes which are prohibited as set forth in this division. Individual permit conditions and requirements in connection with said prohibitions shall be contained in user’s permit. (Ord. 387 § 3.13, 2017)